The City of St. Catharines sought judicial review of a decision by the Information and Privacy Commissioner ordering the release of a report considered during an in camera municipal council meeting.
The report concerned a property owner's request to acquire city land or obtain an encroachment agreement.
The Divisional Court held that the standard of review was reasonableness for the Commissioner's interpretation of the Municipal Freedom of Information and Protection of Privacy Act, but correctness for the Municipal Act.
Although the Adjudicator erred in finding the meeting was improperly closed under the Municipal Act, the ultimate decision to release most of the report was reasonable because the report did not reveal the actual substance of the in camera deliberations.
The application for judicial review was dismissed.
